Section 7406. Limited permits and temporary practice permits  


Latest version.
  • 1. Limited
      permits. On recommendation of the board,  the  department  may  issue  a
      limited  permit  to  an  applicant  of  good moral character, who is the
      holder of  a  certificate,  license  or  degree  in  a  foreign  country
      constituting  a  recognized  qualification  for  the performance in such
      country of the acts set forth in section  seventy-four  hundred  one  of
      this  article,  provided  the  applicant has professional qualifications
      that are determined by the board to be significantly comparable  to  the
      licensure requirements for certified public accountancy pursuant to this
      article,  and  the  applicant  resides  or  has  a place for the regular
      transaction of business within  the  state,  and  equal  recognition  is
      granted by the foreign country concerned to certified public accountants
      or public accountants licensed in the United States. Such limited permit
      shall  be  valid  for  a  period  of  two  years  and  may be renewed on
      recommendation of the board. Such permit shall authorize  the  applicant
      to  use only the title or designation under which he or she is generally
      known in his or her own country, followed by the  name  of  the  country
      from which he or she received his or her certificate, license or degree,
      notwithstanding   the   provisions   of   subdivision   two  of  section
      seventy-four hundred eight of this article.
        2. Temporary practice permits. a. On recommendation of  the  board,  a
      certified  public  accountant, licensed by another state which the board
      of regents has determined to  have  significantly  comparable  certified
      public  accountant licensure requirements, or whose individual licensure
      qualifications are  verified  by  the  department  to  be  significantly
      comparable to New York's requirements, and in good standing, who intends
      to  perform  the  services  in  subdivisions  one  and  two  of  section
      seventy-four hundred one of this article may temporarily practice public
      accountancy in this state, if the certified public accountant:
        (1) holds a valid license to practice public accountancy in the  other
      state,
        (2)  practices  public accountancy in another state that is his or her
      principal place of business, and
        (3) obtains from the department a temporary practice permit.
        b.  The  temporary  practice  permit  allows  such  certified   public
      accountant,   who   meets  the  requirements  of  paragraph  a  of  this
      subdivision to practice public accountancy in this state. Each temporary
      practice permit shall allow the holder to practice in this state for  an
      aggregate  total  of  one  hundred  eighty  days during the twelve month
      period beginning on the effective date of the permit.
        c. Applications for the temporary practice permit shall  be  submitted
      to  the  department  through  an  electronic  means as prescribed by the
      commissioner.  After   the   department   renders   a   timely   initial
      determination that the applicant has submitted the information necessary
      to  verify  that the requirements of paragraph a of this subdivision are
      satisfied,  applications  for  temporary  practice  permits   shall   be
      processed  by  the department within thirty days. During such thirty day
      processing period, the applicant may practice; provided,  however,  that
      if  the  application is denied the applicant shall cease the practice of
      public accountancy in the state of New York.
        d. Any  certified  public  accountant  who  practices  in  this  state
      pursuant  to  this  section,  and  any  firm that employs such certified
      public accountant to provide such services in New York, consents to  all
      of  the  following  as  a  condition  of  the exercise of such temporary
      practice privilege:
        (1) to the personal and subject matter jurisdiction  and  disciplinary
      authority of the board of regents;
    
        (2) to comply with this article, the rules of the board of regents and
      the regulations of the commissioner; and
        (3)  to  the  appointment  of  the  secretary of state or other public
      official  acceptable  to  the  department,  in  the   certified   public
      accountant's  state  of licensure or the state in which the firm has its
      principal place of business,  as  the  certified  public  accountant  or
      firm's agent upon whom process may be served in any action or proceeding
      by the department against such certified public accountant or firm.
        e.  No  more  than  one temporary practice permit may be issued to any
      individual applicant provided that each permit may  be  renewed  by  the
      department  up to three times such that an individual shall practice for
      no more than four years  within  a  five  year  time  period  under  the
      provisions of this section. Such renewals may be granted upon receipt of
      written  notice  from  the  permit  holder,  provided that the applicant
      remains in good standing and in compliance  with  all  applicable  laws,
      rules and regulations.
        f.  (1)  A  person  who  wishes to practice public accountancy in this
      state but does  not  meet  the  requirements  of  paragraph  a  of  this
      subdivision   is   subject   to  the  full  licensing  and  registration
      requirements of this article.
        (2) In the event the license from the other  state  of  the  certified
      public accountant's principal place of business is no longer valid or in
      good standing, or that the certified public accountant has had any final
      disciplinary action taken against his or her license by the licensing or
      disciplinary  authority  of  any  other state concerning the practice of
      public accountancy, the certified public accountant shall cease offering
      to perform or performing such services in this state individually and on
      behalf of his or her firm.
        g. (1)  Notwithstanding  subparagraph  two  of  paragraph  a  of  this
      subdivision  or  any  other  inconsistent law or rule to the contrary, a
      certified public accountant  licensed  by  another  state  and  in  good
      standing  who obtains a temporary practice permit under this section and
      files an application for licensure under  section  seventy-four  hundred
      four  of this article on or before the expiration date of such temporary
      practice permit may continue to practice under such permit for a  period
      coterminous  with  the  period  during  which his or her application for
      licensure remains pending with the department.
        (2) Nothing in this section shall limit the applicability  of  section
      seventy-four hundred seven of this article.
        h. Fees. The fee for each limited permit and temporary practice permit
      and  each  renewal  shall  be  established in regulation by the board of
      regents.